01 · People
Offenses against personal integrity
We protect the rights of those facing criminal investigations or who have been victims of assaults on their integrity.
The area
Defense and representation in offenses against personal integrity
Offenses against personal integrity comprise conduct that affects the physical and psychological health, dignity and safety of individuals. Their investigation calls for a technical analysis of the evidence, expert reports and the particular circumstances of each case.
At TREU Abogados we provide defense to persons under investigation and representation to victims, designing legal strategies aimed at safeguarding due process, the proper assessment of evidence and the effective protection of their rights.
Every case demands a different strategy. The difference lies not only in knowing the law, but in knowing how to build a theory of the case capable of withstanding every stage of the criminal proceeding.
How we work
How we handle your case
Comprehensive legal analysis
We carry out a complete study of the facts, the available evidence and the procedural situation to identify risks and opportunities and to define the most suitable strategy from the outset.
Procedural strategy design
Every proceeding requires its own planning. We build a solid theory of the case, determine the relevant means of evidence and establish the best legal course to protect our client’s interests.
Ongoing defense and representation
We accompany every stage of the criminal procedure, from the preliminary investigation to the final resolution, providing technical, strategic and results-oriented representation.
Scope of defense
Offenses we handle
In the area of offenses against personal integrity, we take on your defense or representation in these offenses.
Tap any offense to see what it involves and the penalty under the COIP.
Torture
Inflicting, or ordering someone to inflict, severe physical or psychological pain or suffering on another person, or subjecting them to methods that destroy their personality, for any purpose. It is more serious if done by a public servant, if the victim is a minor, elderly or pregnant, or if it seeks to change their sexual orientation.
Penalty: 7 to 10 years in prison; 10 to 13 in aggravated cases; 5 to 7 for a public servant who could have prevented it and failed to do so.
Art. 151 COIP
Bodily harm (assault)
Injuring or causing physical harm to another person. The penalty depends on how many days of incapacity the victim suffers or whether the harm is permanent, such as losing an organ or a sense. If caused by carelessness or negligence, the penalty is much lower.
Penalty: depending on incapacity: 4 to 8 days, 30 to 60 days in prison; 9 to 30 days, 2 months to 1 year; 31 to 90 days, 1 to 3 years; over 90 days, 3 to 5 years; permanent harm, 5 to 7 years. If negligent, one quarter of the minimum penalty.
Art. 152 COIP
Intimidation
Threatening to harm a person, their family or someone close to them, when that harm would be a crime and, given the circumstances, the threat is believable.
Penalty: 1 to 3 years in prison; 3 to 5 if a public servant is threatened to make them act against the law.
Art. 154 COIP
Violence against women and members of the family unit (domestic violence)
Physical, psychological or sexual abuse against a woman or a family member: a spouse, partner, cohabitant, parent, child, sibling, or even a former partner or boyfriend/girlfriend. Psychological violence includes threatening, manipulating, blackmailing, humiliating or isolating the victim in order to control them.
Penalty: psychological violence, 6 months to 1 year in prison (1 to 3 years if the victim is especially vulnerable or develops a mental disorder); physical violence, the penalty for bodily harm increased by one third.
Arts. 155 a 158 COIP
Abandonment of a person
Leaving a vulnerable person helpless, such as an elderly person, a child, a pregnant woman, a person with a disability or a serious illness, putting their life or health in real danger.
Penalty: 1 to 3 years in prison; if injuries result, the bodily harm penalty increased by one third, and 16 to 19 years if the person dies.
Art. 153 COIP
Incitement to suicide
Pushing a person to harm themselves or take their own life through threats, advice, orders or challenges, by any means, including social media or messages. It must be proven that this influence was decisive in the outcome.
Penalty: 1 to 3 years in prison.
Art. 154.1 COIP
Harassment
Persistently bothering, disturbing or distressing someone, in person or through digital means, while seeking to get close in order to harm them physically or sexually. It is more serious if the victim is a minor or has a disability. If committed by a family member or partner, it is treated as domestic violence.
Penalty: 6 months to 1 year in prison; 1 to 3 years if the victim is a minor, has a disability or cannot defend themselves.
Art. 154.2 COIP
School and academic bullying
It is not a crime but a minor offense: repeated, intentional aggression, mockery, threats, isolation or abuse against a student, inside or outside school or online. If committed by a teacher or authority it is academic harassment; if between underage students, school bullying.
Penalty: no prison; non-custodial measures and reparation to the victim, and socio-educational measures if the bullying is between minors.
Art. 154.3 COIP
Frequently asked questions
What clients usually ask us
What happens if the other person also assaulted me?
The existence of mutual assaults may influence the investigation. It is essential to analyze the circumstances and the evidence before defining a legal strategy.
What should I do if I receive a summons from the Prosecutor’s Office to give a statement?
It is advisable to obtain legal advice before appearing. The statement you give may affect the course of the investigation, so it is important to understand beforehand your rights and the legal implications of each step.
At what stage can a lawyer intervene?
Early intervention is often decisive. Having counsel from the preliminary investigation allows timely strategic decisions, the preservation of evidence and the proper protection of the client’s rights throughout the proceeding.
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